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(영문) 대구지방법원 2013.08.29 2013노1152
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The judgment of the defendant, while operating the enterprise, issued a provisional coefficient for the settlement of the transaction price, has become unable to pay the check because the management situation has deteriorated due to the wind for which the payment is not properly made by the customer, and there are circumstances to be considered favorably, such as the fact that the defendant made a considerable effort to recover the check.

However, the defendant has been punished several times for other crimes.

Even in the name of KRW 36 million, the check was not recovered until now, and the damage was not recovered.

In addition, examining all the conditions of sentencing as shown in the records and arguments of this case, such as equity, age, character and conduct, environment, etc. of the sentence sentenced in a similar case, it cannot be said that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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